Participation Maximum definition

Participation Maximum shall have the meaning ascribed to such term in Section 4.12(a).

Participation Maximum shall have the meaning ascribed to such term in Section 4.11(a). “Per Share Purchase Price” equals $0.50, subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.

Participation Maximum shall have the meaning set forth in Section 4.18.

Examples of Participation Maximum in a sentence

• In the event the Company receives responses to Subsequent Financing Notices from Purchasers seeking to purchase more than the aggregate amount of the Subsequent Financing, each such Purchaser shall have the right to purchase their Pro Rata Portion (as defined below) of the Participation Maximum.

• If by the Notice Termination Time, notification by Buyer of its willingness to participate in the Subsequent Financing is less than the total amount of the Participation Maximum, then the Company may effect the remaining portion of such Subsequent Financing on the terms and with the Person or Persons set forth in the Subsequent Financing Notice.

• If some Purchasers have declined to participate in such Subsequent Financing, and some portion of the Participation Maximum remains unallocated, each Purchaser having agreed to participate above its current allocation shall be allocated its Pro Rata Portion (measured against all Purchaser having so agreed) of the next dollar – and so on and so forth until the Participation Maximum shall be fully allocated or all Purchasers shall have been given their desired allocation in full.

• MBE/WBE Participation Maximum 10 points Demonstrated experience and commitment of the Offeror to assist the HACP in meeting its requirement and goals related to Minority/Women Business Participants.

• Second, we can define industries on a highly granular level, since we observe individual mark-ups for several thousand firms.

More Definitions of Participation Maximum

Participation Maximum means the greater of (x) such portion of the Subsequent Financing that is equal to the number of shares of Common Stock deemed to be beneficially owned by the Lead Purchaser immediately prior to the closing of the Subsequent Financing (based upon documentation or written representation reasonably satisfactory to the Company), divided by the total number of shares of Common Stock outstanding (including any shares of Common Stock issuable upon conversion or exercise of outstanding Common Stock Equivalents deemed to be beneficially owned by the Lead Purchaser and included in the numerator) immediately prior to the closing of the Subsequent Financing or (y) 10.5% of the Subsequent Financing. At least five (5) Trading Days prior to the closing of the Subsequent Financing, the Company shall deliver to the Lead Purchaser a written notice of its intention to effect a Subsequent Financing (“Pre-Notice”), which Pre-Notice shall ask the Lead Purchaser if it wants to review the details of such financing (such additional notice, a “Subsequent Financing Notice”). Upon the request of the Lead Purchaser, and only upon a request by the Lead Purchaser, for a Subsequent Financing Notice, the Company shall promptly, but no later than one (1) Trading Day after such request, deliver a Subsequent Financing Notice to the Lead Purchaser. The Subsequent Financing Notice shall describe in reasonable detail the proposed terms of such Subsequent Financing, the amount of proceeds intended to be raised thereunder and the Person or Persons through or with whom such Subsequent Financing is proposed to be effected and shall include a term sheet or similar document relating thereto as an attachment.

Participation Maximum means (a) so long as the Notes remain outstanding, 100% and (b) if the Notes are no longer outstanding, 40%.

Participation Maximum has the meaning set forth in Section 7.6(a).

Participation Maximum means (a) so long as the Notes remain outstanding, 100% and (b) if the Notes are no longer outstanding, 40%. [Signature page to Amendment Agreement]

Participation Maximum means an amount equal to 50% of the Subsequent Financing and "Pro Rata Portion" means the ratio of (x) the Subscription Amount of Securities purchased on the Closing Date by a Purchaser participating under this Section 4.11 and (y) the sum of the aggregate Subscription Amounts of Securities purchased on the Closing Date by all Purchasers participating under this Section 4.11.

Participation Maximum means with respect to a Series B Holder, the product of (a) the number of shares of Common Stock or Common Stock Equivalents proposed to be issued, times (b) the quotient of (1) the number of shares of Common Stock held by such Series B Holder (assuming for this purpose the exercise and conversion of all securities that are exercisable or convertible without the payment of additional cash consideration), divided by (2) the aggregate number of shares of Common Stock of the Company outstanding (assuming for this purpose the exercise and conversion of all securities that are exercisable or convertible without the payment of additional cash consideration).

Participation Maximum means, (i) with respect to Cove Lane, 11.22% of the Subsequent Financing and (ii) with respect to HBC, 21.78% of the Subsequent Financing. For purposes hereof “Common Stock Equivalents” means any securities of the Company or its subsidiaries which would entitle the holder thereof to acquire at any time Common Stock, including, without limitation, any debt, preferred stock, right, option, warrant or other instrument that is at any time convertible into or exercisable or exchangeable for, or otherwise entitles the holder thereof to receive, Common Stock. Notwithstanding the foregoing, this Section 3 shall have no applicability to any transaction contemplated by or consummated in connection with the September 12, 2023 Sale Order, and no transaction contemplated by or consummated in connection with the September 12, 2023 Sale Order shall qualify as a Subsequent Financing.